Commercial Activity Tax

Number of Taxpayers and Tax Return Data, Fiscal Year 2011

The tax is levied and paid on a quarterly or annualized basis. Taxpayers with annual taxable gross receipts above $1 million must report and pay the tax quarterly. Taxpayers whose annual taxable gross receipts are between $150,000 and $1 million are considered annual taxpayers and are subject only to the $150 minimum tax. Taxpayers with annual gross receipts below $150,000 are not subject to the commercial activity tax.

The attached CAT-1 and CAT-2 tables reflect information reported on tax returns that were due and filed during fiscal year 2011. For quarterly taxpayers, these returns reflect activity for the April 2010 to March 2011 period; the returns were due and filed in August 2010, November 2010, February 2011 and May 2011. In addition, the data include tax returns filed by annual taxpayers for the calendar year 2011 period; the returns were due in May 2011. Several notable factors affecting the data in these tables are explained below.

Ohio law phased-in the commercial activity tax rate over a five-year period that began in July 2005. The fully phased-in 0.26% tax rate took effect on April 1, 2009 (first impacting fiscal year 2010 tax revenues), and is reflected in the attached tables.

Each combined and consolidated taxpayer group is shown as a single entity in these tables. In the CAT-1 table, the combined or consolidated group is reported under the primary filer’s industry code. In the CAT-2 table, the entire group’s gross receipts determine the size category in which the group is placed.

As shown in these tables, the total reported commercial activity tax liability before credits for fiscal year 2011 is $1,503.6 million. Of this amount $23.2 million is attributable to the minimum tax and $1,480.4 million is attributable to the 0.26% tax rate. Taxable gross receipts amount to $649.9 billion but the exclusion available on each return reduces taxable receipts by $80.5 billion, or 12.4%; the resulting net taxable gross receipts amount to $569.4 billion.

Table CAT-1 shows tax return information for 19 industrial sectors. The industrial sector data is based on each taxpayer’s reported primary business activity, using the North American Industry Classification System (NAICS). The retail sector comprises the largest group of taxpayers, accounting for 12.9% of all taxpayers. This is followed by taxpayers in the unclassified (10.4%), manufacturing (10.1%), construction (9.4%), and professional, scientific and technical services (9.2%) categories. In terms of tax liability, manufacturers account for the largest share at 26.7% of the total. The retail (19.3%) and wholesale (16.1%) sectors account for the next largest shares of total liability.

Table CAT-2 provides tax return information based on the size of each taxpayer’s taxable gross receipts (prior to the exclusion). Filers whose fiscal year 2011 taxable gross receipts were $1 million or below account for 70.5% of all returns but only 1.1% of the total liability. Filers with taxable gross receipts above $1 billion comprise less than 0.1% of all returns but account for 25.1% of total tax liability.

Data contained in these tables is derived from commercial activity tax returns filed by taxpayers with the Ohio Department of Taxation.